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HomeMy WebLinkAbout10/29/1919 Board of Public Works Minutes25B Board met in regular _session at 7:15 P.M. Mr. John F. De even i absent. A Hearing had on assessment rolL.and final estimate for sewer and water conneotions on Navarre; Street -from Portage ,Avenueto Leland Avenue, under Improvement. $esglut:ion To. %13.. In tip City sf south aid, Inciiana. In the above' matter remonstrators appea=rd but no written remonstrance was filed. The Board therefore find that the property assessed in said roll filed 09tober 15th.,1919 is benef itted in ,the amount of assessments as shown—on—zaid—asstssment roll and the Board further find that the - assessment rolls f iled O'ct ober 15th. 91919 *and the f inal estimate allowed , ctob4r 15th,,1919, should be and the same are hereby in all things. ratified, confirmed and approved. Hearing had: on assessment roll and final estimate for asphaltic concrete pavement on Wenger Street and Carroll Street from High Street to Paris Street, under Improvement Resolution No. 588. In the City of South Bend, Indiana. In the above ratter no remonstrators appeared and no written remonstrance was file. The Board therefore find that the, property assessed in saidroll filed October 15th.,1919 is benefitted in the amount of assessments as shorn on said assessment roll and the Board further find that the assessment roll filed October 15th.,1919 and the final estimate allowed October 15th.91919 . shou d be and the same are hereby in all things, ratified, confirmed and approved, and the assessment roll modified by deducting tlae charge of $3.47 for one third sq. yds. of pavement an private driveway. The said amount to be deducted from the amount due contractr, Hearing had on assessment rolls and final est ima.tes for the water connections and sewers connections on Hui, on Street from Meade Street to Alley east of Kosc iussko Street, under Improvement Res olut ion No. Gel. In the C it y of South Bend, Indiana. n the above matter remonstrators appeared but no written remonstrance was filed. The Board therefore find that the u_ roperty assessed in said roll .; filed' October 15th. ,1919 .is benefi ted in said amount ofassessments as shown on said assessment roll and the Board furth r fUd that the assessment roll filed Oct ber 15th.,1919 and the final estimate allow d , et obey 15th. , lg19 s hould be and the lama are hereby in all things, ratified, co ifirmed and approved. Hearing had on assessment roll and final estimate for concrete pa:vem. ent on alley east of St. Louis Blvd from 1st. alley north of La Salle Avenue to La Sall: Avenue, under Improvement Resolution N 6 612. In the City of South Bend, Indiana. s In the above matter no remons raters appeared _and no wr#tten remonstrance was filed. The Be.ard therefore flnH that the property assessed in said roll filed October l6ta.,1919 is benefitted in the amount of assessments as shown on said assessment roll and the Board flurther find that the assessment roll filed , ct b sr l6th. ,1919 and the final estimate allowed October l6t7h ,1919 should be and the same are hereby in allt hangs �raified, confirmed and approved; The Board met with members of Commissioner relative to the Garbage matter. T Bailey and Frank Wisniewski to go the Gary, Evan Milwaukee, Wis. and examine into the conditions disposal, The Board agreed to advance by proper the sum of $lQO.Oa each to said Committee,,. said Itanized statement -properly sworn to be submittel and any excess remaining to be refunded to the Ca to the M is c e l l anoaus Fund. he Common Council and Street Board ordered Councilman August ten, Oak Park Illinois and n these cities regarding garbage rder on the Miscellaneous Fund um to be used for expanses and an to said Controller by the Committe ntreller and to becredited The following agreements igned and approved* BOND OF CONTRACTOR. Know all men by these presents, That we, The White Construction Company (a. corporation,) doing, bus iness uUddrrtha , named and style of the, White Construction Company,, of the City of Milwaukee, State of -Wisconsin, as pr inc ipal. and. the ryland Casualty C om any,, of. Ba It imore Maryland ( A corporation,) as surety, are held., and b ound iby, the City of South Bend,, Indiana,, -in , the sum of Six Thousand Six hundred and forty four ($6.644.00)Dollars for the payment of which .well and truly to be made, we jointly and severally bind ourselves, f irmly by these presents. The.condition of the above obligation` are such that, Whereas, the Board of Public Works of the City of South Bend, Tnd iana, and The White Construct ion C'empany of the City of Milwaukee, County of Wilwaukee, and State of Wisconsin'. entered into a contract. on the 17th. day of June 1919 for the c onstruet io of a sheet asphalt pavement by said construction company in said City,, and known ad the Sheet Asphaltpavement on Studebaker Street from Linden Avenue to La Porte Avenue,. under Improvement Resolution No. 652. of -1919: and Whereas, the said White ;Construction- Cpmpany did, on the. 22nd . day of July 1919 assign its said contract t o said Williston Construction Company', (a corporation) of South Bend, Indiana subject, to;t-he consent :of said Board of Public Works; L and Whereas, said Williston Construction Company ,did accept said assignment and contract, . and agree to, carry j and to perform all of the duties and ob 1 igat ions in said contract set out for said ';White C ons tr uc t i on Company, do and perform; and Whereas, the said Board of Public Works did consent to said assignment and did�.aecept said Williston Construction Company as the Contractor , under and by virtue of said assignment, for the _ constru�t iori of said pavement, al to be done as in said contract and the plans,' profiles and specifications,. in said office of said Board of Pub 1 is Works, and a part of said contract provided: And Whereas, said Williston :Construction Company did on the 8th c.ay of October 1919 assign this contract bar the avement of Studebaker Street from Linden Aver-ne to La Port,3Avenue under Improvement Res of t ion No. 652,1919 to the White Construction Company (a Corp®ration) of the City of Milwaukee, State of Wisconsin, subj at to the a onsent of the Board of. Pub is Works; and Whereas, said the White Construction Company did accept said re --assignment and contract and agree to do, carryon and perform all of the duties and ob l igat ?.8'ris in said contract set eut` in said or ig inaL contract to do and perform; and Whereas,, the Board of Pub ment on the 22nd. day of October 1919, and did ac as the contractors under and by virtue of said as of said pavement, all to be done in said contract cations in said office of said Board of Public We v id*d. Now,, if the above- bonded faithfully comply with the attached contract ( an thereon . ref erred to) . piaclp. pad. entered into by the d y of June 1919 with the City of South Bend, Ind Street sh et asphalt pavement, and shall fulf ill there in, - c ants fined, ace orddng- tv the true intent a then this obligatio-n shall void, otherwise to re and in the event said City shall extend the time alter said contract in any respects, such extensi way operate to release the surety on this bond. Wixtess our hands and se H. E , Wenzel. i. Works did consent tQ.'said sas ign_; ept said White Construction :Company ignment, forthe construction and the plans, prof iLes, abd- spec if i- ks and apart of said contract pr he White Construction Company shall the; drsw ing and spec if icat *ons r company arg inal ly on the lath. an a for the construction of , Studebaker 11 the c and it ions and s t ipul at ions d mesning thereof in all respects, sin in full -force and virtue in lair, or the 'Completion of said work, or n or alteration shall not in any is this Mtn. day of October 19191 THE WHITE CONSTRUCTION COMPANY A. W. WHITE, Vice Pros. MA.RYLAND CASUALTY COMPANY BY 0. P. GAEBKE is Attorney in fact. The attached .plat represents Vogt' a� ' Add it ion to the City of South Bend-, Indiana and is laid on a part: of Fast i ofthe',north east 4 of see6nt:ion .4 Tp. 37 N. R. 2 9_ described as f.o1lows: - Beginning -at` a point an the se itbwesttrly line- of, Lincoln Way West to the north' oast corn r of land owned by Portage School Township; thence south to the northwesterly line of Crume Point Read; thence easterly along said read to the east line of Section; thence north to the southwesterly line of Lincoln Way West.; thence nerthwsaterlyto the place of beginning. The lots, streets and alley$ are of tha -s ix*x ap varked on the Plat. The streets` and alleys area hereby dedicated to thepublic for public uso. s RICHARD R. VOGT STATE OF INDIANASS ) ST. JOSEPH COUNTY Be f sre "me, the undersigned a Notary Public in and for said County and State personally appeared Richard R. Vogt and acknowledged the execution of the aboowe plat. Veronica`C. Sweeney My Commiss ion Expires . July 20,1922. Notary Public .All lights in thj City Parksordered turned off except' in Leeper lark and one half of Hoard Park, lights. Lights_ turned off to be turned on when skating risks are ready. v i The, fellowing bond and contract approved. PUBLIC IMPROVEMENT CONTRACT. This Agreement, Made and entered into this 29th, day of October 1%9 by and between H. L. Davis of the County of St. `Joseph and State of Indiana _ (hereinafter referred to a the " Contractor"), lad the City of South Bend, in the C'ounty of St. Aesoph, and State of Ind iana, by' nd through its Board of Public Works, (hereinafter referred to as the " City") under and by virtue of an Act of the General Assembly of the State of Indiana, a titled " An Act Cneorning Municipal Corporations,,, " approved March 6,1905, and all endatery add supplemental acts rtherete: - - Witnesseth, that the contra struct grade, curb and walk on Elmer Street fro Street, under Improvement ,ps'olut ion No. 727. at and for the following prices:- _ for cev.enants and agrees to een- Lincoln Way West to Frederickson, n the City.. of South Bend, Indiana 1775 lin. feet of curbing per lin ft............4.33 717 cu. yds. of grading per cu. yd ............. ..90 8135 sq. ft. of sidewalk per sq. ft............ ...15 and to perform all vork in s^. I to the t(, di`ions of Ir.--..� t *% , and... �.......... reelut;n c , -� ; `� ,r':5 1 t1;01 sa f set out h r .- r . ' :y as 0)Yii.I anti' a skill a: 1 c ;.- „ cr , . h ,,l p� open, . . and -;'� r y , ��.- - *^ or ;• 1 T a roes places,- - _ any in;,, l o eventof l t, .,retvit arising then r nm , a ., ror - 1 ov v,� _; „ , :. , or i sume the i abilit t}, o a d t� Y ti c� , s c e :sense, and as-4 t> bt°o�tglft age -not the cityb r � ,_, c o1� c r Y _ a v a o (, - actions being { c i s cc str, ction,A�he sai4 contractor will #t his ov,:rn exp net (I---1 to .r-� .,' ; 0^7 J; ^�,r_ .t , o e-^cl h',rein, and will its all respects fully ind-- ,i, ify and save hn ss a y, s, g ,tc r:��resentatives from all cost, expense, pay ent or 7"d ; rt recl)vcr::d cc .;_, V a;rq Cr i� _s action or actions. And if Within ten days after �o.y +; h a• ti , , s_ r. city G tl, co: -a.—or or to . thereof `1 �.i.iy jt -;-;tt _ -. tr s +- _ r{ C(' -=si �.nd aa �t -� =?iY"ipA the Sld1'et an4 tg P�grf§rm all wgrk In of said improvetriert under, and accorditig to the tesays ai,d dlti@"s of # prov"Agnt Refinfutian No. . adopted by the board of Public Works.....,...„....,..... and Om plans, proft arA specifics40+s em file 4ri tiie office of the Depa. tment of Public Works, whlcli sa wolutthn, plans, profile arid specifications ato Jnade a part hereof as fully and effectually as if copied Und eet out herein st lull length, `Fhb contractor further exprearly covenants ar d afire" that in the prosecution of said work all proper oVill,land car@ ;_,lpj be exercised, rl~ > the t' %a 1 , < all ex,7avatlons and dalig-crous places itnd k-fill go@ all due ord p-nper to i)r�v t in� a ­s y peT o`i cr F 'Y that in the ;Vent Q� An i �t+ry �r damf,,ge resulting frcrn ttli •x,�r' or ,` : g'fr�n, -y — r or thin connec+ed therewith or �r sin there#roM, to any pars^n or rroptr`y, � 11 r tv ay,^ lif .idate the s� *ne at is own expense, and as- silwiv Th@ liability therefor; acid in the event of any cta :r`i or clairis be;nm made or any action or actions boing bTc�ijht Against. the city by reason or on acco-unt of or groti,ring out of ;.- ,d 'v7ork`or its construction, 'tf a said contractor will at his own expense defend the same, and will pay any judgment recovered therein,_and`will in. All respects fully Indemnify and save harmless said city, its officers, "agents or representatives from all cost txpcnoo, pa Mont or judgment recovered in connection with such claim or claiins, action or acti ons. And it lthln cn lays -ifter any such -action is,beguu, the city shall notify the contractor of the pendency thereof, li .h Any jt3dp ent rendered against the city shall be conclusive against the contractor and against the stet ;ty ,on hia coutttruction bond, as to tb"mount, liability and other matters pertaining thereto, f r%iTiPnt a 3 Y;la. e sa,:�i: reir9 aS ,ayc Xicce,,s4 }' AM# f .6 c t '9,&t-6Y ffit'te,94 to i�xa ti sin sail imvroereof &Ilk' �fi' fly$ its' !ES f� > itY fro tiori , a� to secure t:te Y� irr � 1 wotts a bond with sufficient surety and thew+ thereon on his M At � �. % 1Thf re it work the contract" ��M4 fi Ai g y p y. injury y P W g 6a19tE liabliity to the effy and an other person for an in u or darn t®a ., a . - f � 6 fi €lit Aid the Same extent as is fixed in the last preceding paragraph c®Wiri the ONi=- Ai°kil�r 6atbef agf eed by and between said parties that the acceptance of the worlt r®td�cl lit ll t4%s �iltl� the llA went thcrco#, sltail not -constitute a waiver on the part o€ the city ® arty ©f tla@te+5i`§= s 81itfAe , R@r shall it riglease said contractor or the sureties on his bo tnd for rite fitf4hivl p' tft�trr l ii A l'letl0 1 lim shall the acceptance be prima facie evidence of the performance of any ptuv1Motl of thl§ milt ; ,�f, �at9t !g the Alttcnt of entitlin the contractor to the contract price therefor. 11Aiifl AEtE�I' Ae@s to pay f®r alllabor and materials used or furnished to be used In the ttllhil (if �illpl fit 1 P, t Art In t19A perf®rtt7ancc of this contract, whether done or furnisheis Agefi1 j ���Fool ellc cse�r Anb@�r�t.raetor ;and the city may reserve out of any allowrauce made on shy esti Ate for him, or h 1f1 ® i 9 c lane tCr nr ` ` ` -1ssigns, or out of the airiount due hint or. his assigns upon tits comple€iod 1 An' C itA nls, ceAsary to pay all laborers or inateriat Men f®r atft0uuts due the @i ►! h1`�i j@118 NA@u � .4tnishid to be used in the performance ®f this Bo rs t eta the dMfig of da gild the t< nt?<t A tt r? � Tb actixig as city, treasurer, may ruin m eai{F � f pr at Ov1IC i all 46M (V* itsid.;Tapreavtii wY1t to paysuch debts or u it the c0rytj' c`��r Y6wva t1ti�s fl+ �Y� l�eei# y., �� pq p MuttlA -M JVk the, wrrmlo^«m At or *'i:... reps=ring, thereof. ` TBbeL ark cf sral trg s+` h isupra r-ment shall beicomt eted aecording tea tht; toria* �E tillA Q(�C1t�8� l Ott rstfis- rur e r , . .. ... __�_—__ av Gf_. .. ,•••• ,e ! C�lsi the time for the cor plr~.'%stx of: "tbe sai-�e shall ba evxerdeed in tr�p't; g �y th* l�®ar %f.P«l, a Wn��e� '�sd t Is afreed that any such extenzion of tirn% or any alter,..`iori bf this canttact or 0*tile 1; ikwAor nr Motliv ed of d'aing loch work shall in no way affect the duties, obligations or liabilities of the cC')tractCr of 1llA 1111'e» tin, It is agreed that the contractor shall not ^,ssign this contract, or sub -let the work or, any vot thereof to he dens hereunder, witho�,t the it en � � of the Board of P,.ibli.c'Works, It is further agreed and stipula+,-d `a'_ contractor shall give to residents of said .oitT And colAnty prefnronce iu the employment of ail labor necessary. in the performance of this contract, and fA `iin� �� do sna ,shall forfeit to the city the sum of ten dollars for each failure to observe this etipuls.tion,; And uA®xr the performance .of all the terms and'canditions of' this contract; and thing` to be done And erfcrmnd by said contractor the laic; city a tees to cause the cost of doing such work to be 6e1690e4, oaf- od turd paid to said contractor in the manner fixed by the statute governing the making of such Ift��ii'p�MA To okh at the Conditions and "stipulations of this contract, including all and singulsr the QS'Bi�ei6)ne Prtld teTPts of the plans, profile, specifications and resolution aforesaid, the undersigned binds; ltl 4441f or 060f.., lhctt tltt2 ronpective successor ar:-assi ns of such parties. In Test ilitony Whereof, We, the foregoing named part ias, ' hereunto set our hands this 29th. day of October 19191 H . L. DAVIS Contractor, C. ITY OF SOUTH BEND, INDIANA_ G. A. ELLIOTT RGOVINER fits Board of Pub 1 is Works. 262 —v�aramaa�e r;. CONSTRUCTION BOND' Know all men by these ,presents,': That we::..... .............. ..R - r..._. �#....:_..................................... of, the County of ....\ ........., State ofi , as princ pal, and ........Fr.ed W----•�Killer .....#M f 1h .WhI �b- of the Countypf............ :. St. Jese hIn isna ........ P...... ...... ............................and State of................ ..... - as sureties„are held and firmlybound-to the, City of South Bend, Indiana, in the sum of ................... ...:::... ...... and-..: �mlsnt .._.f�:V..11���..R,... i ,.�. � ....... .............Dollars ($1 ,, ?2540 );. for the payment of which, well and truly to be made, we jointly and severally bind ourselves, our heirs; executors, administrators and assigns, firmly :by these -presents. The; conditions of the obligation are such that if the above named ...................... Zi �iV is ..., _._ - _ _ 0ct�ber 1 1 shall 4aifhfully comply with the foregoing contract, made. .and :.entered into; the... day of ........................t�.. g.:::: --- 19 o: - with the City of South Bend, Indiana, and shall fulfill all the. conditionsand stipulations therein contained,.. according.t,wthe true intent and meaning thereof, in all respects, then this obligation to be void, otherwise `fo:be and remain in full force and virtue in law. In the event the said City shall extend the time, for the completion of said work, such extension .shall not in any way release the sureties on this bond. This shall be a construction bond, and the sureties on the same shall not be held respowible for the maintenance and- repair`of the improvement after it has been accepted by the second party, but su&l sureties shall beheld responsible for the .faithful compliance with all other conditions, stipulations and requirements j c"re&,4'y or set out in the contract. WITNESS our hands and seals this. .......2-RIt ...- day -of i.014b.ar....................................... 19.. . _ _..$.....-L* urrs............................................................. (SEAL) FAD W.4 .............. :.................................... (SEAI;)s . ...Ir'........ ............................... (SEAL) j $R- .......... :..................................................... The above bond approved this ---•-----._.29aah.:.:--,:......::.:.day of..................... ........... .�i.G'iie�'i T....��� ,��,19....:.::..... -..................................1. A...... I4.TT----------............................... ....::::. x `..:BAR®EY •-ROSTISE...................................... j ......-................................................... ......_. .................................... f ... 1 Board of Public Works I - AFFIDAVITS FOR PERSONAL SURETIES STATE OF INDIANA, St. Joseph County ss. Fred W, ��ll er I . .................... ............................ swear that I own real estate in St. Joseph County, State, of Indiana, of which I am possessed in fee simple of the value of _------ .......FI e--.-t.'hous.and ----- Dollars over and above my indebtedness and the exemption allowed me by law, as I'believe, so help me. God. Fred W. Koller .......----------............................................................................- ...................................... Subscribed and sworn to before me, the undersigned Notary Public this: .................... 27tho............................................. day of :O C ti: t3 eT`. 1 9----------------------------- 19............. My commission expires.....J1�-__2©- _1 . :......... �t o..l�3ce�...-fit ..�Meexrey................................... Notary Public. STATE OF INDIANA, St. Joseph County ss. j I, L.02.1,.e............... swear that I: own real ,estate in. St. Joseph County,: State of Indiana,::of_which I am possessed in fee simple of the value of. .:PIY4.::_ t MU.. id........................:....Dollars over and above my indebtedness and the exemption allowed me by law, as I believe, so help me God. Les 1 ie C. White sub ........................ .......................------.............--------......---......... ...... Subscribed and sworn, to before me, the undersigned Notary Public this .................. �...7th.......... :..........................day Of .:-----...GO-Veb a ..:1919................................................ , 19 .......:. WITNESS y:,.hand-and official seal. aulj 2©,1922. lrol6a G. Swee»*g 1VIy£ comm�si®n expires :: . , .:. ....--= •:. ,: fi• 263.. Partial estimate allowed The Mite Construction Company on - Sheet asphalt pavement on Lincoln. Way West from Olive Street to -City Limits at.$34,540.22 Partial estimate allowed . The White Construction Company on sheet asphalt pavement on Studebaker Street .from Linden Avenue to La Porto Avenue at.$8,536.55 ' partial es t imate . allowed* The White Construction Company far the -sheet asphalt pavement on'`Linden Avenue fr'an Walnut ti' Anthiny St. at.. ....... $ 7.020.00 The following t la ims allowed by the Board. .August Ba iley $100. 00 Prank Wleniewski 100.00 The: C . F. Pease Co. 7.84 207.84' President.